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17 March 2017
Issue: 7739 / Categories: Legal News , Brexit , EU , Litigation trends
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Experts “cautiously optimistic” about litigation future post-Brexit

London is likely to retain its dominance as the forum of choice post-Brexit, despite EU lobbying that exiting the EU could mark the end for UK litigation dominance.

Speaking in a New Law Journal panel debate this week, Ed Crosse, partner at Simmons and Simmons LLP and president of the London Solicitors Litigation Association, said he was optimistic but not complacent about the future.

“After an initial period of alarm among clients—and lawyers—about the Brexit effect on civil justice things have settled down. Clients choose to litigate in London for many reasons such as the quality of the judiciary, the procedures, the availability of disclosure, adverse costs orders, the integrity of the courts etc, but it’s vital that we improve certainty about the future.

“We need to be taking steps to reassure clients that they will be able to resolve their disputes as they’ve decided. Clients want to be sure that if they have an exclusive jurisdiction clause they’ll be able to enforce it widely.”

Fellow panel member Hugh Mercer QC, Essex Court Chambers and Chairman of the Bar Council’s Brexit Working Group, said it was important not to overstate how much influence Brexit would have on London as a financial centre because of the infrastructure and services, and the mass of people here who can service it. However, he emphasised that the rule of law depended on legal certainty.

“You don’t start litigation unless you’re going to be able to enforce. At the moment we have a unique situation in the world whereby we’re plugged into the EU system of enforcing judgments, the New York Convention for Arbitration and we also have reciprocal enforcement with the Commonwealth countries. Our judgments are uniquely transportable around the world and it’s important that we try to maintain that post-Brexit.”

Mercer felt that a “good agreement on jurisdiction and judgments was feasible” and was moderately optimistic that we will get one: “The Brussels Regulation in global terms is the gold standard—the status quo is the best there is and is what we should work towards.”

David Greene, senior partner at Edwin Coe LLP and consultant editor on New Law Journal quizzed the panel about what the litigation landscape will be like for practitioners and clients as Brexit becomes a reality. The Brexit master class, part of NLJ’s exclusive webinar series, is available to download here.

Issue: 7739 / Categories: Legal News , Brexit , EU , Litigation trends
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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